Bill Text: TX HB1318 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the appointment of counsel to represent certain youths and indigent defendants.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2013-06-14 - See remarks for effective date [HB1318 Detail]
Download: Texas-2013-HB1318-Comm_Sub.html
Bill Title: Relating to the appointment of counsel to represent certain youths and indigent defendants.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2013-06-14 - See remarks for effective date [HB1318 Detail]
Download: Texas-2013-HB1318-Comm_Sub.html
By: Turner of Harris, et al. | H.B. No. 1318 | |
(Senate Sponsor - Whitmire) | ||
(In the Senate - Received from the House May 10, 2013; | ||
May 10, 2013, read first time and referred to Committee on Criminal | ||
Justice; May 15, 2013, reported favorably by the following vote: | ||
Yeas 6, Nays 0; May 15, 2013, sent to printer.) |
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relating to the appointment of counsel to represent certain youths | ||
and indigent defendants. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 26.044, Code of Criminal Procedure, is | ||
amended by amending Subsection (j) and adding Subsections (j-1) and | ||
(j-2) to read as follows: | ||
(j) A public defender's office may not accept an appointment | ||
under Article 26.04(f) if: | ||
(1) a conflict of interest exists that has not been | ||
waived by the client; | ||
(2) the public defender's office has insufficient | ||
resources to provide adequate representation for the defendant; | ||
(3) the public defender's office is incapable of | ||
providing representation for the defendant in accordance with the | ||
rules of professional conduct; | ||
(4) the acceptance of the appointment would violate | ||
the maximum allowable caseloads established at the public | ||
defender's office; or | ||
(5) [ |
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good cause for not accepting the appointment. | ||
(j-1) On refusing an appointment under Subsection (j), a | ||
chief public defender shall file with the court a written statement | ||
that identifies any reason for refusing the appointment. The court | ||
shall determine whether the chief public defender has demonstrated | ||
adequate good cause for refusing the appointment and shall include | ||
the statement with the papers in the case. | ||
(j-2) A chief public defender may not be terminated, | ||
removed, or sanctioned for refusing in good faith to accept an | ||
appointment under Subsection (j). | ||
SECTION 2. Section 51.101(a), Family Code, is amended to | ||
read as follows: | ||
(a) If an attorney is appointed under Section 54.01(b-1) or | ||
(d) to represent a child at the initial detention hearing and the | ||
child is detained, the attorney shall continue to represent the | ||
child until the case is terminated, the family retains an attorney, | ||
or a new attorney is appointed by the juvenile court. Release of | ||
the child from detention does not terminate the attorney's | ||
representation. | ||
SECTION 3. Section 54.01, Family Code, is amended by adding | ||
Subsection (b-1) and amending Subsection (d) to read as follows: | ||
(b-1) Unless the court finds that the appointment of counsel | ||
is not feasible due to exigent circumstances, the court shall | ||
appoint counsel within a reasonable time before the first detention | ||
hearing is held to represent the child at that hearing. | ||
(d) A detention hearing may be held without the presence of | ||
the child's parents if the court has been unable to locate them. If | ||
no parent or guardian is present, the court shall appoint counsel or | ||
a guardian ad litem for the child, subject to the requirements of | ||
Subsection (b-1). | ||
SECTION 4. Sections 51.101(a) and 54.01, Family Code, as | ||
amended by this Act, apply only to a detention hearing that is held | ||
for a child taken into custody on or after the effective date of | ||
this Act. | ||
SECTION 5. This Act takes effect September 1, 2013. | ||
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